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Court seems to favor death row inmate in dispute with lawyer
Legal Business |
2018/01/19 17:01
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The Supreme Court seems ready to say that a lawyer for a criminal defendant cannot override his client's wish and concede his guilt at trial, even if the lawyer's aim is to avoid a death sentence.
The court on Wednesday dived into the case of Louisiana death row inmate Robert McCoy. He repeatedly objected to his lawyer's decision to acknowledge that McCoy killed the son, mother and step-father of his estranged wife in 2008.
Lawyer Larry English has said the evidence against McCoy was overwhelming and that the only way to keep McCoy off death row was to beg for mercy. In the end, the strategy failed and a jury sentenced McCoy to death. If he wins at the Supreme Court, he could get a new trial. |
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Western powers warn Kosovo on changing war crimes court law
Legal Business |
2018/01/01 11:35
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Five western nations have warned Kosovo against repealing or amending a law on a war crimes court, saying it would suffer negative consequences "in international and Euro-Atlantic integration."
A statement Thursday from the nations — the United States, Britain, France, Germany and Italy — said they were "deeply concerned by ongoing efforts to undermine the work of the Specialist Chambers." It called on Kosovo politicians and lawmakers "to abandon any thought of repealing or re-negotiating any aspect of the law ... (because that) calls into question Kosovo's commitment to the rule of law."
In December, a group of Kosovo lawmakers tried to amend the law, seeking to extend its jurisdiction over Serbs, their former adversaries in the 1998-1999 war for independence. The court now has jurisdiction only over potential war crimes suspects who were Kosovo citizens.
"(This move) puts the interests of certain individuals above the interests of Kosovo society. We condemn such a move," the nations said.
Kosovo detached from Yugoslavia following a three-month NATO air war in 1999 to stop a bloody Serbian crackdown against ethnic Albanian separatists. It then declared unilateral independence from Serbia in 2008, a move recognized by 114 states but not by Serbia.
The court law was passed in 2015 as a result of U.S. and European pressure on Kosovo's government to confront alleged war crimes that the Kosovo Liberation Army committed against ethnic Serbs. |
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Myanmar court extends detention for 2 Reuters reporters
Legal Business |
2017/12/28 11:23
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A court in Myanmar extended the detention of two Reuters journalists on Wednesday and set their trial for Jan. 10 on charges of violating state secrets.
Wa Lone and Kyaw Soe Oo were arrested Dec. 12 for acquiring "important secret papers" from two policemen. The police officers had worked in Rakhine state, where abuses widely blamed on the military have driven more than 630,000 Rohingya Muslims to flee into neighboring Bangladesh. The charges are are punishable by up to 14 years in prison.
"We are just working as journalists. ... We never violate journalism ethics," Wa Lone told reporters as he and his colleague were led out of a police van into the courtroom in Mingalardon, on the outskirts of Yangon.
Their families wept as they got a chance to see them for the first time since their arrests.
"I want my husband to be free soon. And I trust him that he would never violate the law," said Wa Lone's wife, Pan Ei Mon.
U.S., U.N. and European Union officials are among others calling for their release.
Dozens of Myanmar journalists appeared at the court wearing black shirts as part of a protest against the journalists' arrests.
"We are facing the same kind of harassment under the civilian government as we did under the military government," said Thar Lun Zaung Htet, head of a local pressure group for press freedom. "It is not fair for the two journalists to be charged under the official secrets act because they were doing their job as journalists who tried to get information."
On Tuesday, authorities said they would drop charges against two Singaporean reporters and their local staff working for the Turkish state broadcaster TRT. They were arrested on Oct. 27 for allegedly flying a drone over the parliament building without permission.
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Court case exposes rift in Germany's secretive Aldi family
Legal Business |
2017/11/21 13:35
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A court deferred ruling Thursday in a case that has exposed a rift within Germany's secretive Albrecht family, owners of the discount supermarket chain Aldi.
The dispute centers on the control over Aldi Nord, which operates in northern Germany and at least eight other European countries.
The widow of late patriarch Berthold Albrecht is contesting changes her husband made before his death in 2012 to the statutes of a family foundation that owns 19.5 percent of Aldi Nord.
A lower court sided with Babette Albrecht and her children, who are pitted against Berthold's brother, Theo Jr., and mother Caecilie Albrecht.
Germany's Manager Magazin recently estimated the Aldi Nord branch of the family's wealth at about 18 billion euros ($21 billion). The Schleswig court said the case would continue Dec. 7.
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Top German court strengthens intersex identity rights
Legal Business |
2017/11/03 13:43
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Germany’s highest court has decided that people must be allowed to be entered in official records as neither male nor female, saying in a ruling published Wednesday that authorities should create a third identity or scrap gender entries altogether.
The Federal Constitutional Court ruled on a case in which a plaintiff, identified by advocacy group Dritte Option only as Vanja, born in 1989, sought to have their entry in the birth register changed from “female” to “inter/diverse” or “diverse.”
Officials rejected the application on the grounds that the law only allows for children to be registered as male or female, or for the gender to be left blank.
The plaintiff argued that that was a violation of their personal rights. In a three-year legal battle, Vanja provided courts with a genetic analysis showing the plaintiff has one X chromosome but no second sex chromosome. Women have two X chromosomes, while men have one X and one Y chromosome.
The supreme court found that the law protects sexual identity, which has a “key position” in how individuals perceive themselves and are perceived by others. It said that “the sexual identity of those people who can be assigned neither to the male nor the female sex is also protected,” and said the constitution also protects them against discrimination because of their gender. The government has until the end of 2018 to draw up new rules.
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